Moses Otieno Kajwang'

Sen. M. Kajwang’ On a point of order, Mr. Speaker, Sir.

Sen. M. Kajwang’ On a point of order. Mr. Speaker, Sir. It is a common practice in parliamentary democracies that when a Member is making a maiden speech, that speech shall be heard without interruption and interference. Am I in order, that Sen. Prengei--- (Laughter)

Sen. M. Kajwang’ Mr. Speaker, Sir, I just wanted to bring to the attention of the House that the matter being discussed is a matter that affects 20 counties, which is virtually half the Republic of Kenya. If you allow me, we are discussing the Report of Baringo, Busia, Elgeyo...

Sen. M. Kajwang’

Sen. M. Kajwang’

Sen. M. Kajwang’ Thank you, Mr. Deputy Speaker Sir. I beg to move the Motion- THAT, the Senate adopts the Report of the Sessional Committee on County Public Accounts and Investments on the Inquiry into the Financial Operations of Baringo, Busia, Elgeyo Marakwet, Embu, Kajiado, Kericho, Kilifi, Kirinyaga, Kisii, Kwale,...

Sen. M. Kajwang’ There are 20, Mr. Deputy Speaker, Sir.

Sen. M. Kajwang’ Thank you, Mr. Deputy Speaker, Sir. Allow me to go to the substance of the Motion or the report that is before the House today. Mr. Deputy Speaker, Sir, the report has combined 20 counties, as you have rightly stated. For the first time, we are getting...

Sen. M. Kajwang' Mr. Deputy Speaker, Sir, I said it depends on how you look at it.

Sen. M. Kajwang' Mr. Deputy Speaker, Sir, some people were looking at us curiously. They were wondering why we were looking a bit cosy; but you must be cosy with someone sitting next to you.

Sen. M. Kajwang' Thank you, Mr. Deputy Speaker, Sir, for guiding me.

Sen. M. Kajwang' Mr. Deputy Speaker, Sir, we had this conversation about the role of the national Treasury in frustrating county governments. Every year, the national Treasury has been sending money to counties late; in this regard, to the Cash Disbursement Schedule that this House passes. There are cases, like...

Sen. M. Kajwang' Mr. Deputy Speaker, Sir, well, a little bit of satire there. You can imagine Kshs6.1 million and only 20 seedlings could be physically seen on the ground. I think we are stretching this joke too far. When these reports come out, certain bodies like EACC and DCI...

Sen. M. Kajwang’ They are well prepared. Sen. (Prof.) Ongeri was the first one but I know Sen. Kibiru is also more than ready. For this purpose, Sen. (Prof.) Ongeri shall second.

Sen. M. Kajwang' Order! Did you say “cheeky” or was it on a light note? October 17, 2019 SENATE DEBATES 14 Sen. M. Kajwang' the Business of a Committee of Parliament. In the case of Ruaraka, one of the suspects rushed to court seeking a court order to bar the...

Sen. M. Kajwang'

Sen. M. Kajwang' Order, Sen. M. Kajwang'. A wise person changes their mind. An hon. Senator: Yes. Thank you, Sen. M. Kajwang'. You were one of the key proponents of the Tuesday Standing Order. However, you seem to have intellectually summersaulted today. (Laughter) October 17, 2019 SENATE DEBATES 15

Sen. M. Kajwang’

Sen. M. Kajwang’(Applause)

Mr. Deputy Speaker, Sir, I wish to further inform the Senate Majority Leader what happened when we were handling the impeachment process for the late Hon. Gachagua. There is a notorious advocate in this town known for flaunting all manner of wealth on social media pages and in newspaper articles...

Sen. M. Kajwang’[The Deputy Speaker (Sen. (Prof.) Kindiki) left the Chair] [The Temporary Speaker (Sen. (Dr.) Lelegwe) in the Chair]

That is anticipating debate and I hope he is guided accordingly. You can manage without reference to the debate.

Sen. M. Kajwang’ Order, Sen. Malalah. You will a balance of 12 minutes when debate on this Motion resumes. October 17, 2019 SENATE DEBATES 53 Sen. M. Kajwang’ Hon. Senators, it is now October 17, 2019 SENATE DEBATES 54 Sen. M. Kajwang’ Sen. Nyamunga in her Motion says that we...

October 17, 2019 SENATE DEBATES 56 Sen. M. Kajwang’ As I finalise, it has come a time when we now need to do fresh costing of devolved functions. How much does it cost to deliver healthcare in this country? That question has not been addressed properly; it has been addressed...

Proceed Sen. Malalah.

Mr. Temporary Speaker, Sir, I stand to support this Motion by Sen. Nyamunga because this is a timely issue. I come from a county where healthcare is a great concern. I listened to Sen. Nyamunga when she was taking us through the statistics of this nation. I realised that in...

It is high time we prioritised healthcare because many lives are lost. We see young mothers grappling with the need of having decent healthcare in the villages to no avail. As a leadership, it is our duty as Senators to ensure that we oversight the monies that go to the...

Order, Sen. Malalah. You will a balance of 12 minutes when debate on this Motion resumes. ADJOURNMENT

Hon. Senators, it is now

Sen. M. Kajwang’ Well done Sen. Omogeni. Sen. Mutula Kilonzo Jnr., your reference to 15 days was under which Article of the Constitution; is it under Public Finance Management (PFM) Act? October 16, 2019 SENATE DEBATES 41 Sen. M. Kajwang’

Thank you for those great statements, Sen. M. Kajwang’, and also thank you for understanding that the context determined that we step down your Statement and subsume it to the greater issue of what we are doing today. Thank you so much for being vigilant and proactive. Yes, Sen. Ochillo-Ayacko,...

October 16, 2019 SENATE DEBATES 42

Thank you, Mr. Deputy Speaker, Sir. First, I think I am one of the few Members who will be handling this matter because I serve in the Committee on Delegated Legislation. I want to thank you for bringing on board the other Members of the Committee on Finance and Budget....

This is the moment for us as Senators, to prove to the country that we are the “Upper House” and that we can act in public interest. Our public interest will begin with the interests of our counties. I really hope that we will stand up to be counted and...

Sen. M. Kajwang

Sen. M. Kajwangduring our meetings. That way, they will be in a much better position to understand the issues raised by the Auditor-General, the manner in which the CPAIC deals with them and the recommendations that need to be put in place.If we had time and the good Senator for...

Sen. M. Kajwang’

Sen. M. Kajwang’

Sen. M. Kajwang’ Mr. Deputy Speaker, Sir, I beg to move- THAT, the Senate adopts the of report of sessional Committee on County Public Accounts and Investments on the inquiry into the financial operations of Nandi, Elgeyo-Marakwet, Baringo, Laikipia, Machakos, West Pokot, Tharaka-Nithi, Siaya, Embu, and Nairobi City County Executives...

Sen. M. Kajwang’

Sen. M. Kajwang’Mr. Deputy Speaker, Sir, the second county we have covered is Elgeyo- Marakwet. Some of the issues that are sticking out include the fact that the county Government did a tender for construction of an office block valued for Kshs19.9 million. In their wisdom, they split it into...

Proceed, Sen. Olekina.

Sen. M. Kajwang’ What does it say? Sen. M. Kajwang’ Mr. Deputy Speaker, Sir, I have just tabled it and I am just attempting to summarise what it says. The letter says that on 11th October, 2019, the High Court issued conservatory orders, staying the resolution of the County Assembly...

Sen. M. Kajwang’ Mr. Deputy Speaker, Sir, this was received by the Senate on 14th October, 2019. October 15, 2019 SENATE DEBATES 37

Please do but you should be conscious of time. Make it as brief as you can. (Sen. M. Kajwang' laid the document on the Table) You can proceed to refer to it. Sen. M. Kajwang’ Mr. Deputy Speaker, Sir, I have tabled a letter that was received by the Senate...

Who is the owner of the letter? Sen. M. Kajwang’ The letter is authored by a law firm but they have also attached an order of the High Court.

What does it say? Sen. M. Kajwang’ Mr. Deputy Speaker, Sir, I have just tabled it and I am just attempting to summarise what it says. The letter says that on 11th October, 2019, the High Court issued conservatory orders, staying the resolution of the County Assembly of Taita/Taveta and...

Have those orders been served on the Senate? It is one thing for a lawyer to write because we get letters from lawyers all the time. Has the order been served on the Senate? Sen. M. Kajwang’ Mr. Deputy Speaker, Sir, this was received by the Senate on 14th October,...

Sen. M. Kajwang’ Mr. Deputy Speaker, Sir, I will maintain what I have said that a letter was received by the Senate. It is for the Chair and the House to interpret whether it is due service. However, allow me to finalise my argument and then you will guide.

Sen. M. Kajwang’ Mr. Deputy Speaker, Sir, allow me to make my case then probably you will rule after that. May I proceed? Deputy Speaker (Sen. (Prof.) Kindiki) : Yes, but you need to clarify whether there is a service of a court order on the House.

Sen. M. Kajwang’ All I can confirm is that I have tabled a letter here by M/S Havi and Company Advocates that was received by the Senate. Deputy Speaker (Sen. (Prof.) Kindiki) : That is not a court order.

Sen. M. Kajwang’

Sen. M. Kajwang’

Sen. M. Kajwang’ Order, Sen. (Dr.) Langat. That is not right. He has a right to defend anything and take any position. However, be careful, Sen.

Sen. M. Kajwang’

Sen. M. Kajwang’ Mr. Deputy Speaker, Sir, I started by saying that I oppose the Motion. I am giving reasons why I oppose it.

Sen. M. Kajwang

Sen. M. Kajwang

Sen. M. Kajwang Asante Bw. Naibu Spika kwa kunipa fursa hii. Kwanza kabisa, ninashuku kwa nini Mwenyekiti wa County Public Accounts and Investment Committee amekuwa akipokea barua ambazo zinapaswa kuwa zikichukuliwa na Seneti? Ninasimama kuunga mkono Hoja hii ambayo inabuni Kamati ya kumtimua gavana. Ninakubaliana na Hoja hii kwa sababu...

Sen. M. Kajwang What is it, Sen. Mwaruma?

Sen. M. Kajwang That point is noted for the records.

Sen. M. Kajwang Mr. Deputy Speaker Sir, I have reason to seek your guidance, because---.

Sen. M. Kajwang’

Sen. M. Kajwang’

Sen. M. Kajwang’

Sen. M. Kajwang’

Sen. M. Kajwang’

Sen. M. Kajwang’

Sen. M. Kajwang'

Sen. M. Kajwang’ Thank you, Mr. Deputy Speaker, Sir. I know Sen. Cheruiyot has had some adventures over the weekend, some that have captured the national attention and imagination. (Laughter) Order, Sen. M. Kajwang’! There is no Standing Order that says that the Senator for Kericho must sit and listen...

Unless you are begging him to listen to you. Sen. M. Kajwang’ Mr. Deputy Speaker, Sir, I do not even want him to listen to me. I just want him to feel at ease.

Sen. M. Kajwang’

Sen. M. Kajwang’

Sen. M. Kajwang’ I thought you were reciting it as it is. September 24, 2019 SENATE DEBATES 32 Sen. M. Kajwang’ Corporations like Nike and energy drinks makers are making billions of shillings out of these people, yet when they come back to Kenya, we do not take note of...

Sen. M. Kajwang' Thank you, Mr. Deputy Speaker, Sir. It has eliminated the little doubt that I had in mind.

Sen. M. Kajwang'

Sen. M. Kajwang’particular global order in the United States of America, South Africa and Europe. You find governments legalizing things that we find to be taboo in this part of the world.Our children and the younger generation, who sometimes there is a huge disconnect between the leaders and them, are...

Sen. M. Kajwang’

Sen. M. Kajwang’

Sen. M. Kajwang’ We have reached the end of debate on the Second Reading of this Bill. What is your point of Order, Sen. Omanga?

Sen. M. Kajwang’ Thank you, Madam Temporary Speaker. Allow me to congratulate Sen. Omanga. There are different types of disorders; some people have disorders but are able to walk, while others cannot sit properly. The motor and neurological disorders are the worst disorders, and they are usually connected to psychiatric...

Thank you, Madam Temporary Speaker. Allow me to congratulate Sen. Omanga. There are different types of disorders; some people have disorders but are able to walk, while others cannot sit properly. The motor and neurological disorders are the worst disorders, and they are usually connected to psychiatric issues. Motor disorders...

from the start on how to take care of people with these disorders. The Health Act has looked at ways of solving these diseases. Health is cascading to the counties, and a lot is being done to sort out the health care processes in many counties. As they do that,...

also end up with schizophrenia, where they hear things. Their mental, nervous and movement scheme makes it very difficult.Some other movement disorders that also come up with feelings of all these other disorders are catatonic diseases, which are again tied up all together with this whole disorder. It is, therefore,...

hope in the sense that it is not a forgotten or failure story, because there are those who have been able to come and make a difference in a big way. The challenges that they go through and being able to come and make that difference exhibits a sense of...

Thank you, Madam Temporary Speaker, for allowing me to also stand and support this important Motion. I also congratulate Sen. Omanga for coming up with it. I have observed a lot of passion in Sen. Omanga, because it is not her first time to talk about this and to also...